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Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
ISSN : -     EISSN : 27224503     DOI : https://doi.org/10.15294/ulj
Core Subject : Social,
The Unnes Law Journal is a peer-reviewed scholarly journal that publishes high-quality research on Indonesian law and its interaction with regional and global legal developments. Established in 2012, the Journal aims to advance rigorous legal scholarship and promote evidence-based discourse on law, justice, and governance.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 98 Documents
Amicus Curiae at the Crossroads of Justice: Shaping Fair Court Decisions Sahuri Lasmadi; Angga Aldilla Gusman; Moh Hasyim Asy'ari; Ammar Zul Haidar; Mutia Carolina Fransica
Unnes Law Journal Vol. 11 No. 1 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i1.3471

Abstract

Judges play an important role in the implementation of law enforcement, as they are tasked with making decisions that reflect the principles of justice. In their decision-making process, judges must consider and align with the values embedded in the community, as the law exists to serve humanity, not the other way around. The concept of Amicus Curiae (friends of the court) refers to input provided by individuals or organizations that are not directly involved in a case but have a vested interest in its outcome. This research explores the significance of Amicus Curiae in the Indonesian legal system, specifically examining its potential to optimize legal justice. It also investigates how judges incorporate Amicus Curiae submissions into their decision-making process to ensure fair and just rulings. The research adopts a normative juridical approach, utilizing legal, case, comparative, and conceptual analyses. The findings reveal that Amicus Curiae can play a crucial role in enhancing the judicial process in Indonesia by providing valuable perspectives on facts and legal issues pertinent to the case. While it does not interfere with the core issues being examined by the judges, Amicus Curiae contributes to the overall understanding of the case, thereby facilitating more informed, equitable decisions. The presence of Amicus Curiae in legal proceedings ultimately supports the realization of justice by shedding light on important legal and factual matters.
Digital Transformation in Case Handling: A Juridical Review of Technology Utilization in the Justice System in Indonesia and Malaysia Ulfah Dwi Rahmawati; Arief Budiono; Fahmi Fairuzzaman; Ahmad Shamsul Abd Aziz
Unnes Law Journal Vol. 10 No. 1 (2024): April, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v10i1.3668

Abstract

Indonesia and Malaysia have different judicial systems, given that they differ in applying the legal system. However, Indonesia and Malaysia have implemented digitalization in the judicial process from the earliest to the final stages. The use of technology is an effort to reform and digitize to achieve modern justice that is fast and efficient while still upholding legal norms. The objectives of this research are: (1) To find out what forms of technology utilization are in the judicial system in Indonesia and Malaysia and (2) To find out how the law views and regulates this based on applicable Legislation. The writing that was written using the normative juridical method based on a literature study found that the use of technology is desired by the law as evidenced by Legislation governing digitization. The two countries' regulations still require much improvement and evaluation, both substantively and in implementation, to achieve the main objectives. 
The Justice Dilemma in Minor Marriages: Dispensation vs. Prevention Suthida Chaturathorn; Setyaning Wida Nurul Anggaretno; Harith Badrul; Jaxon Woods; Ariana Oliveira
Unnes Law Journal Vol. 11 No. 2 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i2.3920

Abstract

In Indonesia, the issue of minor marriages has long been a contentious subject, intersecting with complex legal, cultural, and ethical dimensions. The legal framework governing marriage, particularly the stipulations outlined in the Marriage Law No. 1 of 1974, sets the minimum marriage age at 16 for women and 19 for men, but exceptions have often been made under certain circumstances. The practice of granting dispensations for underage marriages through religious and civil courts, particularly in rural areas, raises significant concerns regarding child protection and gender equality. This paper explores the legal paradox of minor marriages in Indonesia, focusing on the tension between granting dispensations (legal exceptions) and the broader need for prevention policies to protect children’s rights and ensure gender justice. Through an analysis of judicial practices, statutory regulations, and the socio-cultural context, the study examines how the legal system both enables and limits efforts to combat child marriage. It critiques the role of judicial discretion in granting dispensations to minor marriages and highlights the challenges faced by policymakers in harmonizing national law with international human rights standards, such as the Convention on the Rights of the Child (CRC). The paper argues that while legal dispensation offers a temporary solution, it inadvertently perpetuates systemic inequalities, particularly for young girls. The study calls for a reexamination of the legal framework to prioritize prevention, reinforce protections for children, and align Indonesia’s marriage laws with international standards of justice and child welfare.
Implementation of Carbon Capture and Storage in order to Achieve Net Zero Emissions in Indonesia Raphael Mayaka; Stephen Rodriguez; Ubaidillah Kamal; Muhammad Fikri
Unnes Law Journal Vol. 10 No. 1 (2024): April, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v10i1.4526

Abstract

In Indonesia, currently many people still use fossil fuels as the main energy source, but with the use of fossil fuels, greater carbon dioxide emissions will be released into the atmosphere, ultimately causing climate change (global warming). To overcome this problem, Indonesia is now starting to adopt techniques that have been used by several countries, namely carbon capture. Carbon Capture and Storage or commonly called CCS or some call it CCUS (Carbon Capture, Utilization and Storage) is one solution to climate change which continues to worsen over time. Indonesia itself is currently preparing 15 projects that will develop and use CO2 capture technology. The research method in the research carried out is using a normative juridical approach. The normative juridical approach is carried out by examining legal principles, legal provisions, legislation and legal mechanisms. Based on the normative type of legal research, several normative approaches are also used, namely the Conceptual Approach and the Statutory Approach. ESDM Ministerial Regulation No. 2 of 2023 does not directly provide benefits to society. This regulation focuses on regulations and incentives for business actors in the upstream oil and gas sector to implement Carbon Capture and Storage (CCS) technology. In Presidential Regulation no. 14/2024 states that holding CCS can be based on three things Carrying out CCS or CCUS implementation in Indonesia begins after obtaining a storage permit for CCS implementation schemes based on permits, whereas for CCS implementation schemes based on cooperation contracts begins when the contractor obtains approval for the proposed field development plan or changes. There are a few things that Indonesia should do such as making a new regulation about funding, insentive and public participation.
Challenges in Ensuring Personal Data Protection For Society in The Era of Society 5.0:  Indonesia’s Case Study Tegar Islami Putra; Waspiah; Indriana Firdaus; Fitria Damayanti; Bintang Rafli Ananta
Unnes Law Journal Vol. 10 No. 2 (2024): October, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i2.8928

Abstract

Personal data protection is crucial in realizing cybersecurity in the Industrial Revolution 5.0 era in Indonesia. The regulation of cybercrime and personal data protection is to provide protection to victims of cybercrime and provide legal sanctions to perpetrators. The implementation of this regulation is not an easy thing, there are various challenges faced, especially in order to face the Era of Society 5.0. This research utilizes normative legal research which examine all regulations (positive law, principles, and legal doctrines) that are applicable in Indonesia and will not overlook the comparison of regulations in other countries to correlate various legal behaviors resulting from the said regulations in an effort to find answers to the research questions. The results show that there are several challenges faced in ensuring personal data protection for society in the era of society 5.0 with a case study of Indonesia, including low public awareness, political patronage, and the need for competent officials hindering effective law enforcement. In addition, there are implementation challenges in the form of regulatory weaknesses that are not matched by implementing regulations and specialized agencies, low public awareness and understanding of the importance of personal data protection, lack of competence of human resources managing personal data, as well as sectoral ego and lack of moral responsibility of officials.
Regulatory Strategies for Accelerating Civil Servant Functional Promotions in Higher Education Endang Retno Pujirahayu; Siti Mursidah; Muhammad Azil Maskur; Ricky Dermawan Fauzi
Unnes Law Journal Vol. 11 No. 1 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i1.11830

Abstract

This study examines a model for accelerating promotions to functional positions following the issuance of the Minister of Administrative and Bureaucratic Reform (PAN RB) Regulation Number 1 of 2023 within the Universitas Negeri Semarang (UNNES) environment. The research employs a normative legal method by analyzing existing legal and policy documents, combined with a qualitative approach to produce descriptive findings and draw conclusions from the research questions. The study addresses two main issues: (1) the key provisions in PAN RB Regulation Number 1 of 2023 that enable accelerated promotion for functional officials (Jabatan Fungsional, JF), and (2) the strategies that JF employees can adopt to optimize promotion opportunities under this regulation. Based on analysis and implementation at UNNES, the Minister of Education, Culture, Research, and Technology Decree No. 209/P/2024 has demonstrated significant progress in streamlining the promotion process for civil servant lecturers. Procedural simplification and a stronger emphasis on objective performance evaluation have positively influenced civil-service career development, particularly for academic staff. The integration of credit-score systems and digital platforms such as SISTER enhances administrative efficiency and promotes transparency in performance assessment. Overall, this research contributes to cross-sector discussions on human resource management, especially regarding performance-based appraisal, policy transparency, technology integration, and the broader impact of regulatory reforms on employee career advancement and well-being.
Quo Vadis Honorary Council of the Constitutional Court in Enforcing the Idea of ​​Constitutional Ethics for Constitutional Judges in Indonesia Feiruz Rachmita Alamsyah; Martitah Martitah
Unnes Law Journal Vol. 10 No. 1 (2024): April, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v10i2.14761

Abstract

The oversight is carried out by the Ethics Council and MKMK, where the Ethics Council is responsible for enforcing breaches of the code of ethics and maintaining the dignity and integrity court. The existence of the Ethics Council is currently in a status quo, seemingly in a state of limbo because, on the one hand, the Constitutional Court has legally explained that the enactment of Law No. 7 of 2020 marks the end of the Ethics Council's existence. On the other hand, PMK No. 2 of 2014, which serves as a guideline for the supervision of the Ethics Council, has not yet been revoked by a new PMK. As a result, the mechanism for overseeing the code of ethics for Constitutional Court judges is in a vacuum and cannot function effectively. Attempts to explain how the oversight of the MKMK is viewed from both a historical and practical perspective within Indonesia's constitutional system. It then compares it with other countries and examines the issues surrounding the implementation of oversight over the Ethics Council and MKMK, effectively enforce the code of ethics for judges, and how the oversight mechanisms interact with descriptive-qualitative methods. The findings are numerous, including the ineffectiveness in handling ethical cases because no authority has been delegated to the Ethics Council, and MKMK is formed on an ad hoc basis. The creation of PMK for the formation of the Ethics Council is affected by conflicts of interest, and passive oversight by Constitutional Court judges occurs because the Ethics Council examines allegations of code of ethics violations based on reports from the public. Therefore, the author proposes a normative reformulation to restore the role of Judicial Commission as the external overseer of the Constitutional Court to maintain and enforce the honor, dignity, and proper conduct of Constitutional Court judges.
Pulling at Both Ends of the String: The Political and Legal Tug in Refugee and Migration Policy in Indonesia Fakhrirafi Zharfan; Ristina Yudhanti; Dewi Sulistianingsih; Achmad Fahmi Zulfikar; Ngboawaji Daniel Nte; Adnan Ibrahim Sarhan; Ridwan Arifin
Unnes Law Journal Vol. 11 No. 2 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i2.15543

Abstract

This paper analyzes the complex and often contradictory dynamics of refugee and migration policy in Indonesia, framed within the political and legal tug-of-war that shapes human rights protections. As one of Southeast Asia’s key transit and destination countries for refugees and migrants, Indonesia's policy approaches are influenced by both international obligations and domestic political considerations. Despite being a signatory to the 1951 Refugee Convention, Indonesia has not adopted comprehensive national legislation to protect refugees, leaving a gap in the legal framework that often results in ad-hoc, inconsistent practices. This study critically examines the tension between political interests—such as national sovereignty, security concerns, and public opinion—and the legal obligations tied to human rights protections under international law. The research analyzes the roles of domestic political actors, including the government, lawmakers, and civil society, in shaping policies related to refugees and migrants. It also explores the legal frameworks that both constrain and enable state actions regarding asylum seekers, detention, and deportation. Through a review of recent case studies and policy shifts, this paper highlights the challenges of balancing humanitarian obligations with domestic priorities. The analysis underscores the need for a more coherent and rights-based approach to migration and refugee policy in Indonesia, suggesting that the existing legal and political landscape often pulls in opposite directions, undermining effective protection for vulnerable populations. Ultimately, this study contributes to the ongoing discourse on global migration governance, offering insights into how national policies can evolve to better protect refugees while navigating political realities.
Legal Apparatus, Celebrities, and Students: The Profiling of Drug Abuse Offenders in Indonesia Henky Fernando; Yuniar Galuh Larasati; Leanne Morin
Unnes Law Journal Vol. 11 No. 2 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i2.18903

Abstract

This study aims to explain and analyse the profiling of drug abuse offenders through cases disseminated in online news. This phenomenon tends to be overlooked in previous studies. This study is a descriptive qualitative study using a case study approach. The findings in this study show that the profiling of drug abuse perpetrators disseminated through online news is not a few who are legal apparatus (police, prosecutors, and correctional officers), celebrities (singers, actresses, and celebgrams or celebrities form instagrams), and students (elementary, junior high school, senior high school, and university). The involvement of the legal apparatus, celebrities, and students in drug abuse cases is not only as users or addicts but also as drug dealers. The findings in this study have significance for the process of uncovering the modes and motives of drug abuse so that it can be used as a basis for addressing and preventing drug abuse more constructively. 
Can Customary Law Deliver Justice? Resolving Kahoba’karah (Out-of-Wedlock Pregnancy) and Kikono (Adultery) in Enggano District Dwi Putri Lestarika; Edra Satmaidi; Linda Rahma Wati; Mohd Zhafran Abd Majiid; Carlos Luthumbu
Unnes Law Journal Vol. 11 No. 2 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i2.19592

Abstract

The recognition of customary law in the 1945 Constitution of Indonesia serves as a foundational principle for resolving customary violations in Enggano Island, located in the North Bengkulu Regency, Bengkulu Province. This recognition facilitates the restoration of social balance within the community, ensuring both security and order. Among the most prevalent customary violations in Enggano are Kahoba’karah (out-of-wedlock pregnancy) and Kikono (adultery). These violations are addressed through local customary processes, which are deeply rooted in the values of local wisdom. This study aims to describe and analyze the role of customary law in resolving these cases on Enggano Island, exploring how local wisdom is applied in the conflict resolution process. Employing an empirical legal research methodology, the study utilizes both primary and secondary data, analyzed qualitatively. The findings indicate that the existence and application of customary law in Enggano are reinforced by various legislative measures, from Emergency Law No. 1 of 1951 to amendments in the 1945 Constitution, alongside specific customary regulations enacted by the indigenous community. The resolution process typically involves several stages, including the formal recognition of the violation, customary ceremonies, and the imposition of customary sanctions. In light of these findings, it is recommended that the North Bengkulu Regency Government promptly draft and ratify regional regulations recognizing and protecting the Enggano Indigenous Law Community. Additionally, the community is urged to maintain adherence to the normative values that govern social life on the island.

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